[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 128 Reported in Senate (RS)]






                                                       Calendar No. 637
110th CONGRESS
  2d Session
                                 S. 128

                          [Report No. 110-285]

  To amend the Cache La Poudre River Corridor Act to designate a new 
 management entity, make certain technical and conforming amendments, 
     enhance private property protections, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 2007

Mr. Allard (for himself and Mr. Salazar) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                             April 10, 2008

  Reported by Mr. Bingaman, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To amend the Cache La Poudre River Corridor Act to designate a new 
 management entity, make certain technical and conforming amendments, 
     enhance private property protections, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Cache la Poudre River 
National Heritage Area Technical Amendments Act of 2007''.</DELETED>

<DELETED>SEC. 2. CACHE LA POUDRE RIVER NATIONAL HERITAGE 
              AREA.</DELETED>

<DELETED>    (a) Purpose.--Section 101 of the Cache La Poudre River 
Corridor Act (16 U.S.C. 461 note; Public Law 104-323) is amended--
</DELETED>
        <DELETED>    (1) by striking ``Cache La Poudre Corridor'' and 
        inserting ``Cache la Poudre River National Heritage 
        Area'';</DELETED>
        <DELETED>    (2) by striking ``Cache La Poudre River Basin'' 
        and inserting ``Cache la Poudre River Basin''; and</DELETED>
        <DELETED>    (3) by striking ``the Corridor'' and inserting 
        ``the Heritage Area''.</DELETED>
<DELETED>    (b) Definitions.--Section 102 of the Cache La Poudre River 
Corridor Act (16 U.S.C. 461 note; Public Law 104-323) is amended--
</DELETED>
        <DELETED>    (1) by striking paragraph (1) and inserting the 
        following:</DELETED>
        <DELETED>    ``(1) Alliance.--The term `Alliance' means the 
        Poudre Heritage Alliance, a nonprofit corporation incorporated 
        in the State of Colorado.'';</DELETED>
        <DELETED>    (2) by striking paragraphs (2) and (3) and 
        inserting the following:</DELETED>
        <DELETED>    ``(2) Governor.--The term `Governor' means the 
        Governor of the State of Colorado.</DELETED>
        <DELETED>    ``(3) Heritage area.--The term `Heritage Area' 
        means the Cache la Poudre River National Heritage Area 
        established by section 103(a).'';</DELETED>
        <DELETED>    (3) by striking paragraph (4) and inserting the 
        following:</DELETED>
        <DELETED>    ``(4) Plan.--The term `Plan' means the Cache la 
        Poudre River National Heritage Area management plan prepared by 
        the Alliance under section 105.''; and</DELETED>
        <DELETED>    (4) in paragraph (5), by striking ``Corridor'' and 
        inserting ``Heritage Area''.</DELETED>
<DELETED>    (c) Establishment and Boundaries; Landowner Withdrawal 
Authority.--Section 103 of the Cache La Poudre River Corridor Act (16 
U.S.C. 461 note; Public Law 104-323) is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``Cache La 
        Poudre Corridor'' and inserting ``Cache la Poudre River 
        National Heritage Area'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) by striking ``the boundaries of the 
                Corridor'' and inserting ``the boundaries of the 
                Heritage Area'';</DELETED>
                <DELETED>    (B) by striking ``Cache La Poudre River'' 
                each place it appears and inserting ``Cache la Poudre 
                River''; and</DELETED>
                <DELETED>    (C) by striking ``and generally depicted'' 
                and all that follows through the period at the end of 
                the matter following paragraph (19) and inserting ``as 
                generally depicted on the map entitled `Cache la Poudre 
                River National Heritage Area', numbered 960/80,003, and 
                dated April, 2004.''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(d) Management Entity.--The Alliance shall be the 
management entity for the Heritage Area.</DELETED>
<DELETED>    ``(e) Landowner Withdrawal.--On submission to the Alliance 
of a written request by an owner of private property included within 
the boundary of the Heritage Area, the private property shall be 
removed from the Heritage Area.''.</DELETED>

<DELETED>SEC. 3. POUDRE HERITAGE ALLIANCE.</DELETED>

<DELETED>    Section 104 of the Cache La Poudre River Corridor Act (16 
U.S.C. 461 note; Public Law 104-323) is amended to read as 
follows:</DELETED>

<DELETED>``SEC. 104. AUTHORITIES AND DUTIES OF THE ALLIANCE.</DELETED>

<DELETED>    ``(a) Duties of the Alliance.--To further the purposes of 
the Heritage Area, the Alliance shall--</DELETED>
        <DELETED>    ``(1) prepare, obtain approval for, implement, and 
        support the Plan in accordance with section 105;</DELETED>
        <DELETED>    ``(2) administer the Heritage Area;</DELETED>
        <DELETED>    ``(3) conduct meetings regarding the development 
        and implementation of the Plan at least quarterly that are open 
        to the public;</DELETED>
        <DELETED>    ``(4) for any fiscal year in which the Alliance 
        receives Federal funds under this Act--</DELETED>
                <DELETED>    ``(A) submit to the Secretary an annual 
                report that describes the accomplishments, expenses, 
                and income of the Alliance, including grants provided 
                to any other entities during the fiscal year; 
                and</DELETED>
                <DELETED>    ``(B)(i) make available for audit all 
                information relating to the expenditure of the Federal 
                funds and any matching funds; and</DELETED>
                <DELETED>    ``(ii) in any agreement authorizing 
                expenditures of Federal funds by other organizations, 
                require that the receiving organizations make available 
                for audit all records and other information relating to 
                the expenditure of the Federal funds;</DELETED>
        <DELETED>    ``(5) encourage by appropriate means economic 
        viability that is consistent with the purposes of the Heritage 
        Area; and</DELETED>
        <DELETED>    ``(6) carry out other duties of the Alliance as 
        required under this Act.</DELETED>
<DELETED>    ``(b) Authorities.--The Alliance may, for the purposes of 
preparing and implementing the Plan, use Federal funds made available 
under this Act to--</DELETED>
        <DELETED>    ``(1) make grants to the State of Colorado, 
        political subdivisions of the State, nonprofit organizations, 
        and other persons;</DELETED>
        <DELETED>    ``(2) enter into cooperative agreements with, or 
        provide technical assistance to, the State of Colorado, 
        political subdivisions of the State, nonprofit organizations, 
        and other interested persons;</DELETED>
        <DELETED>    ``(3) hire and compensate staff, including 
        individuals with expertise in cultural, historic, and natural 
        resources protection and heritage programming;</DELETED>
        <DELETED>    ``(4) obtain money or services from any source, 
        including money or services that are provided under any other 
        Federal law or program;</DELETED>
        <DELETED>    ``(5) contract for goods or services; 
        and</DELETED>
        <DELETED>    ``(6) support activities that--</DELETED>
                <DELETED>    ``(A) further the purposes of the Heritage 
                Area; and</DELETED>
                <DELETED>    ``(B) are consistent with the approved 
                Plan.</DELETED>
<DELETED>    ``(c) Acquisition of Land and Real Property.--</DELETED>
        <DELETED>    ``(1) Acquisition of real property.--</DELETED>
                <DELETED>    ``(A) Prohibition on use of federal 
                funds.--The Alliance shall not use Federal funds 
                received under this Act to acquire real 
                property.</DELETED>
                <DELETED>    ``(B) Other funds.--Notwithstanding 
                subparagraph (A), the Alliance may acquire real 
                property using any other source of funding, including 
                other Federal funding.</DELETED>
        <DELETED>    ``(2) Acquisition of land from willing sellers.--
        No land or interest in land may be acquired by the Secretary or 
        the Alliance under this Act without the consent of the owner of 
        the land or interest.''.</DELETED>

<DELETED>SEC. 4. CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA 
              MANAGEMENT PLAN.</DELETED>

<DELETED>    (a) In General.--The Cache La Poudre River Corridor Act 
(16 U.S.C. 461 note; Public Law 104-323) is amended by striking 
sections 105 through 109 and inserting the following:</DELETED>

<DELETED>``SEC. 105. CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA 
              MANAGEMENT PLAN.</DELETED>

<DELETED>    ``(a) Requirements.--The Alliance shall prepare and submit 
to the Secretary for approval a management plan for the Heritage Area 
that--</DELETED>
        <DELETED>    ``(1) describes comprehensive policies, goals, 
        strategies, and recommendations for--</DELETED>
                <DELETED>    ``(A) telling the story of the heritage of 
                the Heritage Area; and</DELETED>
                <DELETED>    ``(B) encouraging long-term resource 
                protection, enhancement, interpretation, funding, 
                management, and development of the Heritage 
                Area;</DELETED>
        <DELETED>    ``(2) includes a description of actions and 
        commitments that State and local governments, private 
        organizations, and citizens in the Heritage Area will take to 
        protect, enhance, and interpret the cultural, historic, 
        natural, and scenic resources of the Heritage Area;</DELETED>
        <DELETED>    ``(3) specifies existing and potential sources of 
        funding or economic development strategies to protect, enhance, 
        interpret, fund, manage, and develop the Heritage 
        Area;</DELETED>
        <DELETED>    ``(4) includes an inventory of the cultural, 
        educational, historical, natural, recreational, and scenic 
        resources of the Heritage Area and associated sites relating to 
        the stories and themes of the region that should be protected, 
        enhanced, managed or developed;</DELETED>
        <DELETED>    ``(5) recommends policies and strategies for 
        resource management, including the development of 
        intergovernmental and interagency agreements to protect the 
        cultural, educational, historic, natural, recreational, and 
        scenic resources of the Heritage Area;</DELETED>
        <DELETED>    ``(6) describes a program of implementation for 
        the Plan, including--</DELETED>
                <DELETED>    ``(A) performance goals;</DELETED>
                <DELETED>    ``(B) plans for resource protection, 
                enhancement, and interpretation; and</DELETED>
                <DELETED>    ``(C) specific commitments for 
                implementation that have been made by the Alliance or 
                any government, organization, business, or individual 
                in the Heritage Area;</DELETED>
        <DELETED>    ``(7) includes an analysis of, and recommendations 
        for, ways in which Federal, State, and local programs may best 
        be coordinated to further the purposes of this Act, including 
        an analysis of the role of the National Park Service and other 
        Federal agencies associated with the Heritage Area; 
        and</DELETED>
        <DELETED>    ``(8) includes a business plan that--</DELETED>
                <DELETED>    ``(A) describes the role, operation, 
                financing, and functions of--</DELETED>
                        <DELETED>    ``(i) the Alliance; and</DELETED>
                        <DELETED>    ``(ii) each of the major 
                        activities included in the Plan; and</DELETED>
                <DELETED>    ``(B) provides adequate assurances that 
                the Alliance has the partnerships and financial and 
                other resources necessary to implement the 
                Plan.</DELETED>
<DELETED>    ``(b) Termination of Funding.--If the Plan is not 
submitted to the Secretary in accordance with this section, the 
Secretary shall not provide to the Alliance any additional financial 
assistance under this Act until the Plan is submitted to and approved 
by the Secretary under this section.</DELETED>
<DELETED>    ``(c) Approval of Plan.--</DELETED>
        <DELETED>    ``(1) Review.--Not later than 180 days after the 
        date of receipt of the management plan under subsection (a), 
        the Secretary, in consultation with the Governor, shall review 
        and approve or disapprove the Plan.</DELETED>
        <DELETED>    ``(2) Criteria.--In determining whether to approve 
        the Plan, the Secretary shall consider whether--</DELETED>
                <DELETED>    ``(A) the Alliance is representing the 
                diverse interests of the Heritage Area, including--
                </DELETED>
                        <DELETED>    ``(i) governments;</DELETED>
                        <DELETED>    ``(ii) natural and historic 
                        resource protection organizations;</DELETED>
                        <DELETED>    ``(iii) educational 
                        institutions;</DELETED>
                        <DELETED>    ``(iv) businesses;</DELETED>
                        <DELETED>    ``(v) recreational 
                        organizations;</DELETED>
                        <DELETED>    ``(vi) community residents; 
                        and</DELETED>
                        <DELETED>    ``(vii) private property 
                        owners;</DELETED>
                <DELETED>    ``(B) the Alliance provided adequate 
                opportunity, workshops, and hearings for public and 
                governmental involvement in the preparation of the 
                Plan;</DELETED>
                <DELETED>    ``(C) the Alliance includes provisions for 
                at least semiannual public meetings to ensure adequate 
                implementation of the Plan;</DELETED>
                <DELETED>    ``(D) the resource protection and 
                interpretation strategies in the Plan would adequately 
                protect, enhance, and interpret the cultural, historic, 
                natural, and scenic resources of the Heritage 
                Area;</DELETED>
                <DELETED>    ``(E) the Plan would adversely affect any 
                activities authorized on Federal land under public land 
                laws or land use plans;</DELETED>
                <DELETED>    ``(F) the Alliance has demonstrated 
                financial capability, in partnership with others, to 
                carry out the Plan;</DELETED>
                <DELETED>    ``(G) the Secretary has received adequate 
                assurances from the appropriate State and local 
                officials, the support of which is needed to ensure the 
                effective implementation of the State and local aspects 
                of the Plan; and</DELETED>
                <DELETED>    ``(H) the Plan demonstrates partnerships 
                among the Alliance, Federal, State, and local 
                governments, regional planning organizations, nonprofit 
                organizations, or private-sector parties for 
                implementation of the Plan.</DELETED>
        <DELETED>    ``(3) Action following disapproval.--If the 
        Secretary disapproves the Plan under paragraph (1), the 
        Secretary shall--</DELETED>
                <DELETED>    ``(A) advise the Alliance in writing of 
                the reasons for the disapproval;</DELETED>
                <DELETED>    ``(B) make recommendations for revisions 
                to the Plan; and</DELETED>
                <DELETED>    ``(C) not later than 180 days after the 
                date of receipt of a proposed revision to the Plan, 
                approve or disapprove the proposed revision.</DELETED>
        <DELETED>    ``(4) Amendments.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary shall 
                review and approve or disapprove each amendment to the 
                Plan that the Secretary determines may substantially 
                alter the purposes of the Heritage Area.</DELETED>
                <DELETED>    ``(B) Use of funds.--Funds made available 
                under this Act shall not be expended by the management 
                entity to implement an amendment described in 
                subparagraph (A) until the Secretary approves the 
                amendment.''.</DELETED>
<DELETED>    (b) Conforming Amendments.--The Cache La Poudre River 
Corridor Act (16 U.S.C. 461 note; Public Law 104-323) is amended by 
redesignating sections 110, 111, 112, and 113 as sections 106, 107, 
108, and 109, respectively.</DELETED>

<DELETED>SEC. 5. DUTIES AND AUTHORITIES OF THE SECRETARY OF THE 
              INTERIOR.</DELETED>

<DELETED>    Section 106 of the Cache La Poudre River Corridor Act (16 
U.S.C. 461 note; Public Law 104-323) (as redesignated by section 4(b)) 
is amended--</DELETED>
        <DELETED>    (1) by striking the heading and inserting the 
        following:</DELETED>

<DELETED>``SEC. 106. DUTIES AND AUTHORITIES OF THE 
              SECRETARY.'';</DELETED>

        <DELETED>    (2) by striking subsections (a) and (c);</DELETED>
        <DELETED>    (3) by redesignating subsection (b) as subsection 
        (a);</DELETED>
        <DELETED>    (4) in subsection (a) (as redesignated by 
        paragraph (2))--</DELETED>
                <DELETED>    (A) by striking ``Commission'' each place 
                it appears and inserting ``Alliance''; and</DELETED>
                <DELETED>    (B) by striking ``section 108'' and 
                inserting ``section 105''; and</DELETED>
        <DELETED>    (5) by adding at the end the following:</DELETED>
<DELETED>    ``(b) Cooperative Agreements.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary may enter into 
        cooperative agreements with the Alliance for the purpose of 
        carrying out the Plan.</DELETED>
        <DELETED>    ``(2) Requirements.--Any cooperative agreement 
        shall, at a minimum, establish procedures for providing notice 
        to the Alliance of any action that may affect the 
        implementation of the Plan.''.</DELETED>

<DELETED>SEC. 6. OTHER FEDERAL ENTITIES.</DELETED>

<DELETED>    Section 107 of the Cache La Poudre River Corridor Act (16 
U.S.C. 461 note; Public Law 104-323) (as redesignated by section 4(b)) 
is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``section 112'' 
        and inserting ``section 108'';</DELETED>
        <DELETED>    (2) by striking ``Corridor'' each place it appears 
        and inserting ``Heritage Area'';</DELETED>
        <DELETED>    (3) by striking ``Commission'' each place it 
        appears and inserting ``Alliance''; and</DELETED>
        <DELETED>    (4) by striking ``Cache La Poudre'' each place it 
        appears and inserting ``Cache la Poudre''.</DELETED>

<DELETED>SEC. 7. EFFECT ON ENVIRONMENTAL AND OTHER STANDARDS, 
              RESTRICTIONS, AND SAVINGS PROVISIONS.</DELETED>

<DELETED>    Section 108 of the Cache La Poudre River Corridor Act (16 
U.S.C. 461 note; Public Law 104-323) (as redesignated by section 4(b)) 
is amended--</DELETED>
        <DELETED>    (1) by striking subsections (c) and (d) and 
        inserting the following:</DELETED>
<DELETED>    ``(c) Preservation, Conservation, and Promotion of Private 
Property.--No private property shall be preserved, conserved, or 
promoted under the Plan until--</DELETED>
        <DELETED>    ``(1) the Alliance notifies the owner of the 
        private property in writing; and</DELETED>
        <DELETED>    ``(2) the owner of the private property provides 
        to the management entity written consent for the preservation, 
        conservation, or promotion.</DELETED>
<DELETED>    ``(d) Savings Provision.--Nothing in this Act--</DELETED>
        <DELETED>    ``(1) diminishes, enlarges, or modifies a right of 
        a Federal agency, State agency, or political subdivision of the 
        State--</DELETED>
                <DELETED>    ``(A) to exercise civil and criminal 
                jurisdiction within the Heritage Area; or</DELETED>
                <DELETED>    ``(B) to tax persons, corporations, 
                franchises, or property, including minerals and other 
                interests in or on land or water within the urban 
                portions of the Heritage Area;</DELETED>
        <DELETED>    ``(2) authorizes the regulation of private land in 
        the Heritage Area;</DELETED>
        <DELETED>    ``(3) authorizes the imposition of any mandatory 
        streamflow requirements in the Heritage Area;</DELETED>
        <DELETED>    ``(4) creates an express or implied Federal 
        reserved water right;</DELETED>
        <DELETED>    ``(5) imposes any Federal water quality standard 
        within or upstream of the Heritage Area that is more 
        restrictive than would be applicable had the Heritage Area not 
        been established; or</DELETED>
        <DELETED>    ``(6) prevents the State of Colorado from 
        acquiring an instream flow through the Heritage Area under the 
        terms, conditions, and limitations of State law to assist in 
        protecting the natural environment to the extent and for the 
        purposes authorized by State law.'';</DELETED>
        <DELETED>    (2) by striking ``Corridor'' each place it appears 
        and inserting ``Heritage Area''; and</DELETED>
        <DELETED>    (3) by striking ``Commission'' each place it 
        appears and inserting ``Alliance''.</DELETED>

<DELETED>SEC. 8. PRIVATE PROPERTY PROTECTIONS.</DELETED>

<DELETED>    The Cache La Poudre River Corridor Act (16 U.S.C. 461 
note; Public Law 104-323) is amended by inserting after section 108 (as 
redesignated by section 4(b)) the following:</DELETED>

<DELETED>``SEC. 109. PRIVATE PROPERTY PROTECTION.</DELETED>

<DELETED>    ``(a) Access to Private Property.--Nothing in this Act--
</DELETED>
        <DELETED>    ``(1) requires any private property owner to allow 
        public access (including Federal, State, or local government 
        access) to the private property; or</DELETED>
        <DELETED>    ``(2) modifies any provision of Federal, State, or 
        local law with regard to public access to or use of private 
        property.</DELETED>
<DELETED>    ``(b) Liability.--Designation of the Heritage Area does 
not create any liability, or have any effect on any liability under any 
other law, of any private property owner with respect to any persons 
injured on the private property.</DELETED>
<DELETED>    ``(c) Recognition of Authority to Control Land Use.--
Nothing in this Act modifies the authority of the Federal Government or 
State or local governments to regulate land use.</DELETED>
<DELETED>    ``(d) Participation of Private Property Owners in Heritage 
Area.--Nothing in this Act requires the owner of any private property 
located within the boundaries of the Heritage Area to participate in or 
be associated with the Heritage Area.</DELETED>
<DELETED>    ``(e) Effect of Establishment.--</DELETED>
        <DELETED>    ``(1) In general.--The boundaries designated for 
        the Heritage Area represent the area within which Federal funds 
        made available under section 110 may be expended.</DELETED>
        <DELETED>    ``(2) Regulatory authority.--The establishment of 
        the Heritage Area and the boundaries of the Heritage Area does 
        not provide any regulatory authority not in existence on the 
        date of enactment of this subsection on land use within the 
        Heritage Area or the viewshed by the Secretary, the National 
        Park Service, or the Alliance.''.</DELETED>

<DELETED>SEC. 9. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Section 109 of the Cache La Poudre River Corridor Act (16 
U.S.C. 461 note; Public Law 104-323) (as redesignated by section 4(b)) 
is amended to read as follows:</DELETED>

<DELETED>``SEC. 110. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    ``(a) In General.--There are authorized to be appropriated 
to carry out this Act--</DELETED>
        <DELETED>    ``(1) not more than $100,000 for any fiscal year, 
        to remain available until expended; and</DELETED>
        <DELETED>    ``(2) not more than a total of 
        $1,000,000.</DELETED>
<DELETED>    ``(b) Matching Funds.--</DELETED>
        <DELETED>    ``(1) In general.--As a condition of providing a 
        grant under this Act to the Alliance, the Secretary shall 
        require that the Alliance provide matching funds equal to the 
        amount of the grant.</DELETED>
        <DELETED>    ``(2) Form.--Matching funds--</DELETED>
                <DELETED>    ``(A) shall be from non-Federal sources; 
                and</DELETED>
                <DELETED>    ``(B) may be made in the form of in-kind 
                contributions of goods or services fairly 
                valued.</DELETED>
<DELETED>    ``(c) Administrative Expenses.--Not more than 5 percent of 
the funds made available under subsection (a) for a fiscal year may be 
used by the Secretary for technical assistance, oversight, and 
administrative purposes.''.</DELETED>

<DELETED>SEC. 10. TERMINATION OF AUTHORITY; REFERENCES IN 
              LAW.</DELETED>

<DELETED>    The Cache La Poudre River Corridor Act (16 U.S.C. 461 
note; Public Law 104-323) is amended by adding at the end the 
following:</DELETED>

<DELETED>``SEC. 111. REFERENCES.</DELETED>

<DELETED>    ``(a) Federal Laws and Documents.--Any reference in any 
law (other than this Act), regulation, document, record, map, or other 
paper of the United States to `Cache La Poudre River Corridor' or 
`Cache La Poudre Corridor' shall be considered to be a reference to the 
`Cache la Poudre River National Heritage Area'.</DELETED>
<DELETED>    ``(b) Other Signs and Notices.--Any directional or 
official sign or notice relating to `Cache La Poudre River Corridor' or 
`Cache La Poudre Corridor' shall be considered to be a reference to the 
`Cache la Poudre River National Heritage Area'.</DELETED>

<DELETED>``SEC. 112. TERMINATION OF AUTHORITY.</DELETED>

<DELETED>    ``The authority of the Secretary to provide financial 
assistance to the Alliance (excluding technical assistance and 
administrative oversight) under this Act shall terminate 10 years after 
the date of enactment of the Cache la Poudre River National Heritage 
Area Technical Amendments Act of 2007.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cache La Poudre River National 
Heritage Area Act of 2008''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Cache La Poudre River National Heritage Area established by 
        section 3(a).
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means the Poudre Heritage Alliance, the 
        local coordinating entity for the Heritage Area designated by 
        section 3(d).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area required under 
        section 5(a).
            (4) Map.--The term ``map'' means the map entitled ``Cache 
        La Poudre River National Heritage Area'', numbered 960/80,003, 
        and dated April, 2004.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of Colorado.

SEC. 3. CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State the Cache La 
Poudre River National Heritage Area.
    (b) Boundaries.--The Heritage Area shall consist of the area 
depicted on the map.
    (c) Map.--The map shall be on file and available for public 
inspection in the appropriate offices of--
            (1) the National Park Service; and
            (2) the local coordinating entity.
    (d) Local Coordinating Entity.--The local coordinating entity for 
the Heritage Area shall be the Poudre Heritage Alliance, a nonprofit 
organization incorporated in the State.

SEC. 4. ADMINISTRATION.

    (a) Authorities.--To carry out the management plan, the Secretary, 
acting through the local coordinating entity, may use amounts made 
available under this Act--
            (1) to make grants to the State (including any political 
        subdivision of the State), nonprofit organizations, and other 
        individuals;
            (2) to enter into cooperative agreements with, or provide 
        technical assistance to, the State (including any political 
        subdivision of the State), nonprofit organizations, and other 
        interested parties;
            (3) to hire and compensate staff, which shall include 
        individuals with expertise in natural, cultural, and historical 
        resource protection, and heritage programming;
            (4) to obtain funds or services from any source, including 
        funds or services that are provided under any other Federal law 
        or program;
            (5) to enter into contracts for goods or services; and
            (6) to serve as a catalyst for any other activity that--
                    (A) furthers the purposes and goals of the Heritage 
                Area; and
                    (B) is consistent with the approved management 
                plan.
    (b) Duties.--The local coordinating entity shall--
            (1) in accordance with section 5, prepare and submit to the 
        Secretary a management plan for the Heritage Area;
            (2) assist units of local government, regional planning 
        organizations, and nonprofit organizations in carrying out the 
        approved management plan by--
                    (A) carrying out programs and projects that 
                recognize, protect, and enhance important resource 
                values located in the Heritage Area;
                    (B) establishing and maintaining interpretive 
                exhibits and programs in the Heritage Area;
                    (C) developing recreational and educational 
                opportunities in the Heritage Area;
                    (D) increasing public awareness of, and 
                appreciation for, the natural, historical, scenic, and 
                cultural resources of the Heritage Area;
                    (E) protecting and restoring historic sites and 
                buildings in the Heritage Area that are consistent with 
                Heritage Area themes;
                    (F) ensuring that clear, consistent, and 
                appropriate signs identifying points of public access, 
                and sites of interest, are posted throughout the 
                Heritage Area; and
                    (G) promoting a wide range of partnerships among 
                governments, organizations, and individuals to further 
                the Heritage Area;
            (3) consider the interests of diverse units of government, 
        businesses, organizations, and individuals in the Heritage Area 
        in the preparation and implementation of the management plan;
            (4) conduct meetings open to the public at least 
        semiannually regarding the development and implementation of 
        the management plan;
            (5) for any year for which Federal funds have been received 
        under this Act--
                    (A) submit an annual report to the Secretary that 
                describes the activities, expenses, and income of the 
                local coordinating entity (including grants to any 
                other entities during the year that the report is 
                made);
                    (B) make available to the Secretary for audit all 
                records relating to the expenditure of the funds and 
                any matching funds; and
                    (C) require, with respect to all agreements 
                authorizing expenditure of Federal funds by other 
                organizations, that the organizations receiving the 
                funds make available to the Secretary for audit all 
                records concerning the expenditure of the funds; and
            (6) encourage by appropriate means economic viability that 
        is consistent with the Heritage Area.
    (c) Prohibition on the Acquisition of Real Property.--The local 
coordinating entity shall not use Federal funds made available under 
this Act to acquire real property or any interest in real property.

SEC. 5. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the local coordinating entity shall submit to the 
Secretary for approval a proposed management plan for the Heritage 
Area.
    (b) Requirements.--The management plan shall--
            (1) incorporate an integrated and cooperative approach for 
        the protection, enhancement, and interpretation of the natural, 
        cultural, historic, scenic, educational, and recreational 
        resources of the Heritage Area;
            (2) take into consideration State and local plans;
            (3) include--
                    (A) an inventory of the resources located in the 
                Heritage Area;
                    (B) comprehensive policies, strategies, and 
                recommendations for conservation, funding, management, 
                and development of the Heritage Area;
                    (C) a description of actions that governments, 
                private organizations, and individuals have agreed to 
                take to protect the natural, cultural, historic, 
                scenic, educational, and recreational resources of the 
                Heritage Area;
                    (D) a program of implementation for the management 
                plan by the local coordinating entity that includes a 
                description of--
                            (i) actions to facilitate ongoing 
                        collaboration among partners to promote plans 
                        for resource protection, restoration, and 
                        construction; and
                            (ii) specific commitments for 
                        implementation that have been made by the local 
                        coordinating entity or any government, 
                        organization, or individual for the first 5 
                        years of operation;
                    (E) the identification of sources of funding for 
                carrying out the management plan;
                    (F) analysis and recommendations for means by which 
                local, State, and Federal programs, including the role 
                of the National Park Service in the Heritage Area, may 
                best be coordinated to carry out this Act; and
                    (G) an interpretive plan for the Heritage Area; and
            (4) recommend policies and strategies for resource 
        management that consider and detail the application of 
        appropriate land and water management techniques, including the 
        development of intergovernmental and interagency cooperative 
        agreements to protect the natural, cultural, historic, scenic, 
        educational, and recreational resources of the Heritage Area.
    (c) Deadline.--If a proposed management plan is not submitted to 
the Secretary by the date that is 3 years after the date of enactment 
of this Act, the local coordinating entity shall be ineligible to 
receive additional funding under this Act until the date on which the 
Secretary approves a management plan.
    (d) Approval or Disapproval of Management Plan.--
            (1) In general.--Not later than 180 days after the date of 
        receipt of the management plan under subsection (a), the 
        Secretary, in consultation with the State, shall approve or 
        disapprove the management plan.
            (2) Criteria for approval.--In determining whether to 
        approve the management plan, the Secretary shall consider 
        whether--
                    (A) the local coordinating entity is representative 
                of the diverse interests of the Heritage Area, 
                including governments, natural and historic resource 
                protection organizations, educational institutions, 
                businesses, and recreational organizations;
                    (B) the local coordinating entity has afforded 
                adequate opportunity, including public hearings, for 
                public and governmental involvement in the preparation 
                of the management plan; and
                    (C) the resource protection and interpretation 
                strategies contained in the management plan, if 
                implemented, would adequately protect the natural, 
                cultural, historic, scenic, educational, and 
                recreational resources of the Heritage Area.
            (3) Action following disapproval.--If the Secretary 
        disapproves the management plan under paragraph (1), the 
        Secretary shall--
                    (A) advise the local coordinating entity in writing 
                of the reasons for the disapproval;
                    (B) make recommendations for revisions to the 
                management plan; and
                    (C) not later than 180 days after the date of 
                receipt of any proposed revision of the management plan 
                from the local coordinating entity, approve or 
                disapprove the proposed revision.
            (4) Amendments.--
                    (A) In general.--The Secretary shall approve or 
                disapprove each amendment to the management plan that 
                the Secretary determines would make a substantial 
                change to the management plan.
                    (B) Use of funds.--The local coordinating entity 
                shall not use Federal funds authorized to be 
                appropriated by this Act to carry out any amendments to 
                the management plan until the Secretary has approved 
                the amendments.

SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

    (a) In General.--Nothing in this Act affects the authority of a 
Federal agency to provide technical or financial assistance under any 
other law (including regulations).
    (b) Consultation and Coordination.--To the maximum extent 
practicable, the head of any Federal agency planning to conduct 
activities that may have an impact on the Heritage Area is encouraged 
to consult and coordinate the activities with the Secretary and the 
local coordinating entity.
    (c) Other Federal Agencies.--Nothing in this Act--
            (1) modifies, alters, or amends any law (including any 
        regulation) authorizing a Federal agency to manage Federal land 
        under the jurisdiction of the Federal agency;
            (2) limits the discretion of a Federal land manager to 
        implement an approved land use plan within the boundaries of 
        the Heritage Area; or
            (3) modifies, alters, or amends any authorized use of 
        Federal land under the jurisdiction of a Federal agency.

SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

    Nothing in this Act--
            (1) abridges the rights of any public or private property 
        owner, including the right to refrain from participating in any 
        plan, project, program, or activity conducted within the 
        Heritage Area;
            (2) requires any property owner--
                    (A) to permit public access (including access by 
                Federal, State, or local agencies) to the property of 
                the property owner; or
                    (B) to modify public access or use of property of 
                the property owner under any other Federal, State, or 
                local law;
            (3) alters any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority of any Federal, 
        State, or local agency;
            (4) conveys any land use or other regulatory authority to 
        the local coordinating entity;
            (5) authorizes or implies the reservation or appropriation 
        of water or water rights;
            (6) diminishes the authority of the State to manage fish 
        and wildlife, including the regulation of fishing and hunting 
        within the Heritage Area; or
            (7) creates any liability, or affects any liability under 
        any other law (including regulations), of any private property 
        owner with respect to any individual injured on the private 
        property.

SEC. 8. EVALUATION; REPORT.

    (a) In General.--Not later than 3 years before the date on which 
authority for Federal funding terminates for the Heritage Area, the 
Secretary shall--
            (1) conduct an evaluation of the accomplishments of the 
        Heritage Area; and
            (2) prepare a report in accordance with subsection (c).
    (b) Evaluation.--An evaluation conducted under subsection (a)(1) 
shall--
            (1) assess the progress of the local coordinating entity 
        with respect to--
                    (A) accomplishing the purposes of this Act for the 
                Heritage Area; and
                    (B) achieving the goals and objectives of the 
                approved management plan for the Heritage Area;
            (2) analyze the Federal, State, local, and private 
        investments in the Heritage Area to determine the leverage and 
        impact of the investments; and
            (3) review the management structure, partnership 
        relationships, and funding of the Heritage Area to identify the 
        critical components for sustainability of the Heritage Area.
    (c) Report.--
            (1) In general.--Based on the evaluation conducted under 
        subsection (a)(1), the Secretary shall prepare a report that 
        includes recommendations for the future role of the National 
        Park Service, if any, with respect to the Heritage Area.
            (2) Required analysis.--If the report prepared under 
        paragraph (1) recommends that Federal funding for the Heritage 
        Area be reauthorized, the report shall include an analysis of--
                    (A) ways in which Federal funding for the Heritage 
                Area may be reduced or eliminated; and
                    (B) the appropriate time period necessary to 
                achieve the recommended reduction or elimination.
            (3) Submission to congress.--On completion of the report, 
        the Secretary shall submit the report to--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.

SEC. 9. FUNDING.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this Act $10,000,000, of which not more than 
$1,000,000 may be made available for any fiscal year.
    (b) Cost-Sharing Requirement.--The Federal share of the cost of any 
activity carried out using any assistance made available under this Act 
shall be 50 percent.

SEC. 10. TERMINATION OF AUTHORITY.

    The authority of the Secretary to provide assistance under this Act 
terminates on the date that is 15 years after the date of enactment of 
this Act.

SEC. 11. CONFORMING AMENDMENT.

    The Cache La Poudre River Corridor Act (16 U.S.C. 461 note; Public 
Law 104-323) is repealed.
            Amend the title so as to read: ``To establish the Cache La 
        Poudre River National Heritage Area, and for other purposes.''.
                                                       Calendar No. 637

110th CONGRESS

  2d Session

                                 S. 128

                          [Report No. 110-285]

_______________________________________________________________________

                                 A BILL

  To amend the Cache La Poudre River Corridor Act to designate a new 
 management entity, make certain technical and conforming amendments, 
     enhance private property protections, and for other purposes.

_______________________________________________________________________

                             April 10, 2008

        Reported with an amendment and an amendment to the title